How Josh Helps Clients
Having argued before the California Supreme Court so early in his career, Josh McDaniel plays a significant role in helping clients develop trial strategy and appellate solutions. His focus includes business torts, arbitration, class actions, and high-stakes contract disputes. He has also defended religious organizations in cases raising First Amendment and religious liberty issues.
Josh joined the firm as an associate in 2015 and previously practiced as a litigation associate at Munger, Tolles & Olson LLP.
Insurance Co. of the State of Pennsylvania v. Cnty. of San Bernardino (2019)
Secured a Ninth Circuit decision affirming summary judgment for his client in a dispute over the insured county’s ability to stack policy limits to gain potentially hundreds of millions of dollars in additional coverage for landfill cleanup costs
Sandoval v. Qualcomm Inc. (2019)
Persuaded the California Supreme Court to grant review of a Court of Appeal decision holding Qualcomm liable for the unforeseeable negligent act of an independent contractor that caused injury to one of the contractor’s own employees. The case is now pending in the California Supreme Court
Su v. Stephen Wise Temple (2018)
Represented Jewish synagogue in an appeal filed by the California Labor Commissioner challenging whether teachers at the synagogue’s Jewish preschool are “ministerial employees” for purposes of the First Amendment’s ministerial exception to employment laws. The appeal resulted in a published California Court of Appeal decision and is pending a forthcoming cert petition in the U.S. Supreme Court
Perry v. Bakewell Hawthorne (2017)
Argued before the California Supreme Court on behalf of amici in a case involving the interpretation of California’s summary judgment and expert witness disclosure statutes. The Supreme Court unanimously adopted the positions urged by amici
Royal Alliance Associates v. Mooney (2017)
Secured a Ninth Circuit reversal of a judgment that had compelled his client, a broker dealer firm, to submit to a FINRA arbitration in a multimillion dollar securities dispute
Prometheus Real Estate Group v. Marazzo (2017)
Represented a prominent real estate developer in an appeal in the California Court of Appeal arising out of a failed joint venture to develop hundreds of luxury apartments in Mountain View, California
Jacobs v. Coldwell Banker (2017)
Won a California Court of Appeal published decision affirming summary judgment in an appeal asserting Coldwell Banker’s liability as a listing agent for open and obvious hazards on a listed property
Hawkins v. St. John Missionary Baptist Church (2017)
Secured a California Court of Appeal reversal of a judgment ordering the removal of a church’s pastor based on the trial court’s disenfranchisement of active church members in a church election
- University of California, Los Angeles, School of Law
J.D., Senior Editor on the UCLA Law Review and a Michael T. Masin Scholar. Graduated first in class, Order of the Coif, 2012
- Brigham Young University
B.A., magna cum laude, 2008
- Hon. Jay S. Bybee, U.S. Court of Appeals, Ninth Circuit (2014-2015)
- Hon. Cormac J. Carney, U.S. District Court, Central District of California (2013-2014)
- U.S. Supreme Court
- U.S. District Court, Central District of California
- U.S. Court of Appeals, Ninth Circuit
- Coronavirus and the Constitution: What powers do federal and state authorities have to fight a pandemic? (Apr. 21, 2020) Daily J.
- Is California's travel ban constitutional? (Feb. 21, 2020) Daily J.
- The 9th Circuit’s Nonfunctional Approach to the Ministerial Exception (Jan. 14, 2020) Daily J.
- Alien Tort Statute Should Preclude Corporate Liability (Oct. 3, 2017) Daily J., p. 9
- A Rather Suitable Remedy (Mar. 17, 2017) Daily J., p. 1
- Bill Will Lighten Load for Trial Courts (Aug. 18, 2015) Daily J., p. 6